Chapter 20-5 Responding to Pleading of Discovery Level

• Jurisdiction: United States

20-5 Responding to Pleading of Discovery Level

As previously discussed, the defendant cannot simply opt out of a Level 1 discovery control plan when it is part of the mandatory expedited actions process, but there are options available to a defendant who does not believe a Level 1 plan is appropriate. Conversely, when Level 2 has been pleaded by the plaintiff, the defendant has the right to have the court provide a Level 3 plan.

Responding to Level 1. There are at least five types of motions made available under the rules in response to the pleading of Level 1 as an expedited actions process case:

Motion to remove the case from the expedited actions process for good cause, pursuant to Tex. R. Civ. P. 169(c)(1)(A) and Tex. R. Civ. P. 190.2(c).
Motion to reopen discovery after removal of case from expedited action process, to be granted as a matter of right pursuant to Tex. R. Civ. P. 169(c)(3) and Tex. R. Civ. P. 190.2(c).
Motion to enlarge time for depositions, to be granted in the discretion of the court pursuant to Tex. R. Civ. P. 190.2(b)(2).
Motion for additional discovery based on late amendment of pleadings or supplementation of discovery, to be granted in the discretion of the court pursuant to Tex. R. Civ. P. 190.5(a) and the accompanying comment to the rule.
Motion to extend the time limit for trial may be granted for good cause pursuant to Tex. R. Civ. P. 169(d)(3).

Responding to Level 2. In response to a Level 2 pleading by the plaintiff, the defendant may file a...